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EB5 Visa Update

Today, December 3rd, 2012, USCIS Director Mayorkas announced at a Stakeholder meeting that a new EB5 program office will be created and housed in Washington DC. It is hoped that the office will be fully operational in about 4-6 months. It is also hoped that adjudication of cases will be streamlined and hopefully decisions will be made within 90-120 days. The Director would like to ensure RFEs are reduced by a new ”direct communication” option where the EB5 office can email applicants to clarify issues. It is hoped that introducing direct communication, issues can be clarified quicker.

He confirmed that while premium processing was intended as part of this adjudication process, the issues are far too complex to resolve in 15 days and therefore are not suitable for these cases at this time.

The stakeholder meeting provided extensive discussion about various issues. Many of the big-wigs and legal-eagles in the EB5 visa arena were present in this meeting. A lively and productive discussion was held and hopefully will prove useful in implementing the new office as well as how cases are handled.

It is commendable that the Director has made these efforts and to ensure this very important visa is prioritized within the Service’s agenda.